Community trade mark Absolute ground for refusal Opposition proceedings No likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Application for figurative Community trade mark IBIZA REPUBLIC Earlier figurative national mark depicting a five pointed star in a circle
Sumário
Judgment of the Court of First Instance (Sixth Chamber) of 2 July 2009.
Paul Fitoussi v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for figurative Community trade mark IBIZA REPUBLIC - Earlier figurative national mark depicting a five-pointed star in a circle - Absolute ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-311/08.
Texto da decisão
Judgment of the Court of First Instance (Sixth Chamber) of 2 July 2009 – Fitoussi v OHIM – Loriot (IBIZA REPUBLIC)
(Case T-311/08)
Community trade mark – Opposition proceedings – Application for figurative Community trade mark IBIZA REPUBLIC – Earlier figurative national mark depicting a five-pointed star in a circle – Absolute ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 25, 35, 48, 57-58)
Re:
| ACTION brought against the decision of 7 May 2008 of OHIM’s Second Board of Appeal (Case R 1135/2007-2) relating to opposition proceedings between Mr Paul Fitoussi and Ms Bernadette Nicole J. Loriot. |
Information relating to the case
|
Applicant for the Community trade mark: |
Bernadettte Nicole J. Loriot |
|
Community trade mark sought: |
Figurative mark ‘IBIZA REPUBLIC’ for goods in Classes 25, 41 and 43 – Application No 3868072 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Paul Fitoussi |
|
Mark or sign cited in opposition: |
National figurative mark in the form of a five-pointed star surrounded by a circle, for goods in Class 25 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
1. Dismisses the action;
2. Orders Mr Paul Fitoussi to pay the costs.